2023 BAR EXAMINATIONS

PREDICTIONS IN CRIMINAL LAW

1. Four forms of criminal repetition (multiple offenders): (1)

Recidivism [Art. 14(9), RPC]; (2) Habituality [Arts. 14(10),
RPC]; (3) Habitual delinquency [Arts. 62(5), RPC]; and (4)
Quasi-recidivism (Art. 160, RPC)

2. Community Service [Art. 88a, RPC, as amended by R.A. No.

11362 (Community Service Act)], Credits for Preventive
Imprisonment [Art. 29, RPC, as amended by R.A. No. 6197 and
R.A. No. 10592 and E.O. 214) and Good Conduct Time
Allowance [Art. 97, RPC, as amended by R.A. No. 10592) - Note
who are not eligible for the credits

3. Complex crimes under Art.48, RPC v. Special Complex

Crimes (e.g. Art. 294, 267, 266-B, and 320, RPC).

4. Treachery, Evident Premeditation, Band (contra syndicated

or organized crime groups) [Arts. 14(16), 14(13), 62(1a), RPC,
respectively]

5. Subsidiary Imprisonment under Art. 39, RPC

6. Three-Fold Rule under Art. 70, RPC

7. Prescription of Crime (Art. 90, RPC) v. Prescription of Penalty

(Art. 92, RPC)

8. Marriage of the offended woman as a mode of extinguishing

criminal liability in rape by sexual intercourse; what if rape

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was committed by 4 offenders (Arts. 89 and 266-C, RPC, as

amended by R.A. No. 8353)

9. Civil liability – restitution, reparation, indemnification of

consequential damages (civil indemnity, moral and
exemplary damages) (See Art. 104 to 107, RPC)

10. Proximate Cause: (1) Aberratio ictus; (2) Error in personae; (3)
Praeter intentionem (See Art. 4, RPC; Vda. de Bataclan v.
Medina, G.R. No. L-10126, 22 October 1957)

11. Stages of Commission of a Felony (Art. 6, RPC); Degree of

Participation (Art. 17 to 19, RPC)

12. See Arts. 68, 69, 64(5), RPC on privileged and mitigating
circumstances

13. Absolutory Causes (See Arts. 20 and 332, RPC, Art. 247, RPC,
Instigation)

14. Minority (See R.A. No. 9344, as amended; Sec. 98, R.A. No. 9165;
People v. Mantalaba, G.R. No. 186227, 20 July 2011);
Discernment (See People v. Jacinto (G.R. No. 182239, 16 March
2011); CICL above 15 years but below 18 years of age, acted
with discernment – shall be subjected to Diversion Program
(See Sec. 6, R.A. No. 9344, as amended by Sec. 3 of R.A. No. 10630).

15. Indeterminate Sentence Law, who are ineligible (See Sec. 2, Act
No. 4103, as amended by Act No. 4225, Sec. 2, R.A. 9346)

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16. P.D. 968, as amended; People v. Colinares (G.R. No. 182748

13 December 2011); Pascua v. People (G.R. No. 250578, 7
September 2020)

17. Impossible Crime [Art. 4(2), RPC]; Theft of unfunded check

(See Jacinto v. People, G.R. No. 162540, 13 July 2009)

18. Murder (Art. 248, RPC); Parricide (Art. 246, RPC) May it be
committed through reckless imprudence; Homicide (Art. 249,
RPC) When attempted or frustrated; intent to kill must be
shown

19. Bigamy (Pulido v. People, G.R. No. 220149, 27 July 2021); Marital
Infidelity under R.A. No. 9262 (XXX v. People, G.R. No. 241390,
13 January 2021); must be willful refusal to provide financial
support to sustain conviction of violation of Sec. 5(i), R.A. No.
9262 (Acharon v. People, G.R. No. 224946, 9 November 2021)

20. Rape under Art. 266-A(1), RPC in relation to Forcible

Abduction; No crime of Frustrated Rape (People v. Orita, G.R.
No. 88724, 3 April 1990)

21. Rape by Sexual Assault and Acts of Lasciviousness in relation

to Sec. 5(b), R.A. No. 7610, as amended (See People v. Tulagan,
G.R. No. 227363, 12 March 2019, as amended by R.A. No. 11648)

22. Estafa through Misappropriation or Conversion [Art. 315

(1b)]; Estafa under Art 315 (2d) v. violation of BP. Blg. 22.

23. Falsification under Art. 171 and 172, RPC

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24. Kidnapping and Serious Illegal Detention/ for Ransom (See

Art. 267, RPC)

25. Cyberlibel (See R.A. No. 10175)

26. Grave Oral Defamation (Art. 358, RPC); Grave Threats (Art.
282, RPC); Grave Coercion (Art. 286, RPC)

27. Secs. 3(e) and (g), R.A. 3019, as amended; Plunder (Sec 1(d) and
2, R.A. No. 7080, as amended); Two Kinds of Conspiracy: (a)
Wheel Conspiracy; and (b) Chain Conspiracy (GMA v. People,
G.R. No. 220598, 19 July 2016; Estrada v. Sandiganbayan, G.R.
No. 148560, 19 November 2001)

28. Bribery (Art. 210, RPC); Corruption of Public Officials (Art.

212, RPC)

29. Malversation (Art. 217, RPC)

30. R.A. 9165, as amended (See Secs. 5, 11, 15, 26, 98); Chain of
Custody Rule (Sec. 21, R.A. No. 9165, as amended by R.A. 10640),
Definition, Four Links, Indispensable Requirements –
marking (date, time, place), inventory and photographing,
and the three (3) insulating witnesses

31. Robbery with Homicide, rape committed is not an

aggravating circumstance (See People v. Sultan G.R. No. 132470,
27 April 2000; People v. Regala G.R. No. 130508, 5 April 2000)

32. Qualified theft (See Art. 310, RPC), penalty is two (2) degrees
higher than penalty for simple theft; No Frustrated Theft (See
Valenzuela v. People, G. R. No. 160188, 21 June 2007)
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33. Qualified Trafficking in Persons (See Sec. 6,R.A. No. 11862)

34. Use of loose firearm in the commission of a crime; (a) when

inherent - aggravating; (b) in furtherance of, or incident to, or
in connection with rebellion of insurrection, or attempted coup
d’ etat, - absorbed as an element of the foregoing crimes; and
(c) crime is committed without using the loose firearm -
distinct and separate offense under R.A. No 10591. (See Sec.
29, R.A. No. 10591)

35. Acts of Torture (See Sec. 4, R.A. No. 9745)

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